High Court of South Africa Eastern Cape, Mthatha - 2014 January

1 judgment
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1 judgment
Citation
Judgment date
January 2014
Reported
Applicant failed to establish valid withdrawal or urgency; successor’s conditional recognition upheld and application dismissed with costs.
* Traditional leaders – Recognition and removal – Eastern Cape Traditional Leadership and Governance Act 4 of 2005 – Sections 18, 20 and 21 – identification, recognition, regency and removal. * Procedural law – Review of administrative decision – validity of royal-family withdrawal and requirement for proper customary process. * Acting/regent – cessation of acting role when identified successor attains majority. * Interdict – availability of statutory remedies and absence of irreparable harm. * Citizenship/residency – impact on eligibility under section 6(3) and conditional recognition.
30 January 2014